Title 8 HEALTH AND SAFETY

Transcription

1 Title 8 HEALTH AND SAFETY Chapters: Chapter CAMPGROUNDS Chapter FIRE CODE Chapter LITTER Chapter NOISE Chapter NUISANCES Chapter TRIMMING OF BRUSH, HEDGES AND OTHER PLANT LIFE Chapter OUTSIDE TOILETS Chapter RECYCLING Chapter SANITARY LANDFILL Chapter SEPTIC SYSTEMS Chapter TRANSFER STATION Chapter 8.04 CAMPGROUNDS Sections: Adopted Zoning enforcement officer Violation Campground code Reserved Adopted. Pursuant to N.J.S.A. 40:49-5.1, as amended, Chapter XI Campground of the New Jersey State Sanitary Code as hereinafter supplemented and amended is adopted by the township, to be known as the Bass River Campground Code, as a minimum set of standards and requirements applying to all campgrounds within the township for the purpose of assuring that camping units as well as their servicing facilities located in the township are safe, sanitary and fit for human occupation and rental. A copy of Chapter XI Campground of the New Jersey State Sanitary Code is annexed to the ordinance codified in this chapter and three copies of the same have been placed on file in the office of the township clerk and are available to all persons desiring to use and examine them. Bass River Township, New Jersey, Code of Ordinances Page 1

2 (Ord ) Zoning enforcement officer. A. The zoning enforcement officer of the township is designated as the officer to exercise enforcement authority described by this chapter and the code herein adopted. B. The zoning enforcement officer is authorized and directed to make all necessary inspections to determine the conditions of camp units as well as their service facilities located within the township in order that he or she may perform his or her duties of safeguarding the health and safety and general welfare of the public of the township. For the purpose of making such inspections, he or she is authorized to enter, examine and survey at all reasonable times, all camp units as well as their facilities. The owner or occupant of every camp unit, or the person in charge thereof, shall give the zoning enforcement officer free access to any such camp unit as well as its facilities at all reasonable times for the purposes of such inspection, examination and survey. In the case of rented units, every occupant of such units shall give the owner thereof, or his agent or employee, access to any part of such camp unit as well as its facilities, at all reasonable times for the purpose of making such repairs or alterations as are necessary to effect compliance with the provisions of this chapter or with any lawful rule or regulation adopted or any lawful order issued pursuant to the provisions of this or any other township ordinance related to campgrounds. (Ord , 3) Violation. A. Wherever the zoning enforcement officer determines that there are reasonable grounds to believe that there has been a violation of any provision of this chapter, or other campground regulation, he or she shall give notice of such alleged violation to the person or persons responsible therefor as hereinafter provided. Such notice shall: 1. Be put in writing; 2. Include a statement of the reasons why it is being issued; 3. Show a reasonable time for the performance of any act it requires; 4. Be served upon a campground owner or his or her agent or upon the owner of a unit or his or her agent, or the occupant, as the case may require, provided that such notice shall be deemed to be properly served upon such owner, or agent, or upon such occupant, if a copy thereof is served upon him or her personally, or if a copy thereof is sent by registered mail to his or her last known address, or if a copy thereof is posted in a conspicuous place in or about the camping unit or facility affected by the notice, or if he or she is served such notice by any other method authorized or required under the laws of the state of New Jersey. B. If the owner, agent or occupant, whichever is applicable, within ten (10) days shall not comply with the notice of violation issued by the zoning enforcement officer, the zoning enforcement officer shall forthwith cause a summons to issue citing the particular violation or violations therein and which summons is returnable in the municipal court of the township. The township may also take steps to obtain injunctive relief in a court of competent jurisdiction if it deems such action necessary. (Ord ) Campground code. A. No person shall occupy as owner, or occupant, or shall rent or make available to another for occupancy, any camp unit, or supporting facilities, for the purpose of living thereon, which does not conform to the provisions of this Campground Code. Bass River Township, New Jersey, Code of Ordinances Page 2

3 B. Registration of Campers. The owner or designated manager of every campground shall maintain a log of every camper who uses campground facilities. The log shall contain: a. The camper's name and place of residence. b. The number of people in the camper's party. c. The license number and type of camping vehicle or unit and the make, model, year of manufacture and license number of any motor vehicle. d. Time and date of arrival and departure. C. No campsite shall be less than one hundred (100) feet from a public highway right-of-way. No campsite shall be less than one hundred (100) feet from a property line. D. Fireplaces. Camping and/or cooking fires shall be confined entirely to fireplaces which shall be located in a safe, convenient location, meeting the approval of the State Fire Warden having jurisdiction over the area involved. Said fireplaces shall be located where they will not constitute a fire hazard to vegetation, undergrowth, trees or camping units. E. Individual point or driven wells, dry wells, springs, and other sources of supply may be used only for wilderness camps where all campsites are separated by more than one hundred fifty (150) feet and only if approved by the State Department of Health or the local board of health. Such sources of supply shall be properly located, constructed and maintained to avoid contamination of the water therefrom. F. Privies, and pit toilets shall be permitted only in wilderness camps where all campsites are separated by more than one hundred fifty (150) feet; shall be constructed of material permitting satisfactory cleaning; and shall be provided with adequate natural lighting and ventilation. G. Where sewage is to be effected by subsurface means, no more than twenty (20) campsites shall be connected to one disposal unit and the facilities shall be designated and constructed in accordance with the requirements of Standards for the Construction of Individual Subsurface Sewage Disposal Systems (N.J.A.C. 7:9-2) and the New Jersey Water Pollution Control Act Regulations (N.J.A.C. 7:14) promulgated by the Department of Environmental Protection and shall be approved by the local health authority and the Department of Environmental Protection. H. (1) Every application for a permit to construct or expand a campground shall be accompanied by payment to the building inspector of an application fee of seven hundred twenty dollars ($720.00) to cover the cost of professional review of site plans in accordance with these and other township standards and regulations, site inspections and other expenses. In the event the professional and other services required exceed the amount of the fee, the applicant will be billed for such excess costs prior to final approval. In the event said professional and other services cost less than the amount of the required application fee, any portion of the fee remaining upon final approval or disapproval shall be returned to the applicant. The fee requirements of this paragraph shall not apply to any proposed modification or alteration to an existing building which is situated in an existing approved campground which modification or alteration: (a) Will not change the use of the building; (b) Will not add a new story to the building; (c) Will not exceed one thousand (1,000) square feet which includes but is not necessarily limited to porches and other such uncovered appurtenances; (d) Will not substantially alter or affect the existing environment. (2) Upon certification to the township board of commissioners by the building inspector that the construction or expansion of a campground has been completed in accordance with all applicable requirements, and upon a payment to the township clerk of the annual operating permit fee hereinafter provided, the township board of commissioners shall issue a license permitting the operation of said new or expanded campgrounds. Bass River Township, New Jersey, Code of Ordinances Page 3

4 (3) It shall be unlawful for any person or corporation to maintain or operate a campground within the limits of Bass River Township without first obtaining a campground operating permit from the board of commissioners of Bass River Township. (4) Each campground operating permit shall expire on June 30th. A new operating permit shall and may be obtained from the township clerk, upon approval of the board of commissioners for each new operating season in which operation of the then existing campground is sought to be continued provided, however, that no such permit shall be issued if there is outstanding and unresolved any notice of an alleged violation issued pursuant to this or other applicable township ordinances. Any person, or entity who shall own, operate or maintain any campground within the township of Bass River shall apply for a license from the governing body of the township on or before July 1st of each year, commencing with July 1, (5) The annual operating permit fee for every campground in Bass River Township is hereby fixed at two hundred dollars ($200.00) for campgrounds including up to fifty (50) campsites plus four dollars ($4.00) for each campsite in excess of fifty (50). (6) In addition to the fees listed in subsection (5) above, a fee of six dollars ($6.00) per stored camping unit shall be due and payable as of July 1st of each year. I. Any mobile home, as defined in the zoning ordinance of the township of Bass River and amendments and supplements thereto, which has heretofore been located in a licensed trailer park pursuant to the terms of an ordinance entitled "An Ordinance for the Regulation and Licensing of Trailers and Trailer Camps within the Township of Bass River, County of Burlington and State of New Jersey" and amendments and supplements thereto and any mobile home park as defined in the zoning ordinance of the township of Bass River and amendments and supplements thereto which may previously have been licensed under either or both of the above-mentioned ordinances, be and are hereby declared to be nonconforming uses by virtue of the zoning ordinance of the township of Bass River and amendments and supplements thereto. Any such nonconforming mobile home park which may exist in the township of Bass River is expressly subject to the provisions of this section where applicable including the fee requirements in subsection H hereinabove set forth. Only one annual operating permit fee per year shall be required under the terms of this section for any one campground or nonconforming mobile home park if one may exist or any combination thereof. However, in the event that a nonconforming mobile home occupies a site in any campground, nonconforming mobile home park, or combination thereof, all of which are regulated by the terms of the within ordinance, the operator of such campground, nonconforming mobile home park, or combination thereof shall pay to the township a monthly fee in the amount of eighteen dollars ($18.00) for each such nonconforming mobile home occupying a site in such campground, nonconforming mobile home park, or combination thereof for each month or part thereof as said space is occupied. In addition, the operator shall file a statement under oath of the first of each month with the township clerk stating the number of sites occupied during the previous month. J. Any person, firm or corporation who shall violate the provisions of this section shall, upon conviction, be punished by a fine not exceeding five hundred dollars ($500.00) or be imprisoned in the Burlington County jail for a period not to exceed ninety (90) days or shall suffer both such fine and such imprisonment, and each illegally occupied campsite shall be deemed to constitute a separate and distinct offense for each day during any part of which such violation is permitted to exist. K. In any case where there are conflicts between the standards contained in this section or the campground code adopted hereby, and any other Bass River Township ordinance or regulation, as they may apply to new or expanded campground applications, the more stringent standard or requirement shall be deemed to apply. L. The storage of mobile homes is prohibited in all campgrounds. (Ord ) (Ord. No , ) Bass River Township, New Jersey, Code of Ordinances Page 4

5 Reserved. Editor's note Ord. No , adopted March 4, 2013, repealed which pertained to amendments to the campground code and derived from 6 16 of the 1988 Code. Chapter 8.08 FIRE CODE Sections: BOCA Basic Fire Prevention Code Uniform Fire Code enforcement Designation of enforcing agent Duties Life hazard uses Appointments of fire subcode official Removal from office Board of appeals Additional required inspections and fees Permits Penalties BOCA Basic Fire Prevention Code. The BOCA Basic Fire Prevention Code and all amendments and supplements thereto to the extent that the provisions of same of Bass River for the purpose of establishing rules and regulations to improve the safety of the public by promoting the control of fire hazards and establishing and implementing standards to achieve the objectives. The standards, rules and regulations set forth in the code shall be and the same are incorporated in this section by reference, three copies of which have been filed in the office of the clerk of the township. (Ord ) Uniform Fire Code enforcement. Pursuant to Section 11 of the Uniform Fire Safety Act (P.L 1983, c. 383), the New Jersey Uniform Fire Code shall be enforced locally within the township. (Ord ) Designation of enforcing agent. The fire subcode official, hereinafter appointed by resolution of the board of commissioners of the township shall be the enforcing agent within the township. Bass River Township, New Jersey, Code of Ordinances Page 5

6 (Ord ) Duties. The fire subcode official shall enforce the Uniform Fire Safety Act and the codes and regulations adopted pursuant thereto in all buildings, structures and premises within the township, other than the owner-occupied one and two-family dwellings, and shall faithfully comply with the requirements of the Uniform Fire Safety Act and the Uniform Fire Code. In addition to the duties assigned heretofore the fire subcode official shall enforce within the township the BOCA Fire Prevention Code provisions not incorporated within the Uniform Fire Code. (Ord ) Life hazard uses. The fire subcode official, as established in Section , shall carry out the periodic inspections of life hazard uses required by the Uniform Fire Code on behalf of the commissioners of community affairs. (Ord ) Appointments of fire subcode official. A. The fire subcode official shall be directly under the supervision of the commissioner of public affairs and safety. B. The appointment for the fire subcode official shall be for a period of one year, commencing January 1st and terminating December 31st of the same year and the fire subcode official shall continue in office until a successor has been appointed and qualified. (Ord ) Removal from office. The fire subcode official shall be subject to removal by the board of commissioners of the township for inefficiency or misconduct or failure to perform duties, but each person so removed shall be afforded an opportunity to be heard by the appointing authority consistent with recognized standards of due process. (Ord ) Board of appeals. Pursuant to Section 15 and 17 of the Uniform Fire Safety Act, any person aggrieved by an order of the fire subcode official shall have the right to appeal to the county construction board of appeals in the county of Burlington. (Ord ) Additional required inspections and fees. In addition to the inspection and fees required pursuant to this Act and the regulations of the Department of Community Affairs, the following additional inspections and fees for those uses not defined as life hazard uses shall be required: Bass River Township, New Jersey, Code of Ordinances Page 6

7 A. The following buildings, uses, premises contained in this section other than those that are incidental or auxiliary to the agricultural use of farm property are subject to registration and periodic inspection requirements as established. Where two or more of the same uses or different uses exist at the same building or premises, each one shall be considered as separate and distinct for the purpose of this ordinance and shall be registered pursuant thereto. B. Type L Uses: 1. Business use as defined in the latest edition of the BOCA Basic National Building Code, five hundred (500) square feet or less than total gross floor area. (Exception: Any Type L uses with suppression/detection systems shall be classified under Type M). C. Type M Uses: 1. Business uses as defined in the latest edition of the BOCA Basic National Building Code, more than five hundred (500) square feet but less than two thousand five hundred (2,500) square feet total gross floor area; 2. Storage buildings as defined in the latest edition of the BOCA Basic National Building Code, less than two thousand five hundred (2,500) square feet total gross floor area. D. Type N Uses: 1. Business uses as defined in the latest edition of the BOCA Basic National Building Code, two thousand five hundred (2,500) square feet or more, but less than five thousand (5,000) square feet total gross floor area; 2. Mercantile uses as defined in the latest edition of the BOCA Basic National Building Code, two thousand five hundred (2,500) square feet or more, but less than five thousand (5,000) square feet total gross floor area; 3. Storage buildings as defined in the latest edition of the BOCA Basic National Building Code, two thousand five hundred (2,500) square feet or more, but less than five thousand (5,000) square feet total gross floor area. E. Type O Uses: 1. Business uses as defined in the latest edition of the BOCA Basic National Building Code, five thousand (5,000) square feet or more, but less than seven thousand five hundred (7,500) square feet total gross floor area; 2. Mercantile uses as defined in the latest edition of the BOCA Basic National Building Code, five thousand (5,000) square feet or more, but less than seven thousand five hundred (7,500) square ft. total gross floor area; 3. Storage buildings as defined in the latest edition of the BOCA Basic National Building Code, five thousand (5,000) square feet or more, but less than seven thousand five hundred (7,500) square feet total gross floor area. F. Type P Uses: 1. Business uses as defined in the latest edition of the BOCA Bask National Building Code, seven thousand five hundred (7,500) square feet or more, but less than ten thousand (10,000) square feet total gross floor area; 2. Mercantile uses as defined in the latest edition of the BOCA Basic National Building Code, seven thousand five hundred (7,500) square feet or more, but less than ten thousand (10,000) square feet total gross floor area; 3. Storage buildings as defined in the latest edition of the BOCA National Building Code, seven thousand five hundred (7,500) square feet or more, but less than ten thousand (10,000) square feet total gross floor area. Bass River Township, New Jersey, Code of Ordinances Page 7

8 4. Hotels and Motels with one hundred (100) rooms or less and not defined as life hazard uses. 5. Buildings where less than one hundred (100) persons assemble for the purpose of amusement, entertainment, recreation centers and health spas. G. Type Q Uses: 1. Business uses as defined in the latest edition of the BOCA Basic National Building Code, ten thousand (10,000) square feet or more total gross floor area; 2. Mercantile uses as defined in the latest edition of the BOCA Basic National Building Code, ten thousand (10,000) square feet or more total gross floor area and not defined as life hazard uses; 3. Storage buildings as defined in the latest edition of the BOCA Basic National Building Code, ten thousand (10,000) square feet or more total gross floor area; 4. Factory and Industrial uses as defined in the latest edition of the BOCA Basic National Building Code, not defined as life hazard uses. H. Required Inspections: All additional uses as listed in the aforementioned schedule shall be inspected for compliance with the provisions of this chapter periodically but not less than specified therein. 1. Type L uses: once every twenty-four (24) months; 2. Type M uses: once every twelve (12) months; 3. Type N uses: once every twelve (12) months; 4. Type O uses: once every twelve (12) months; 5. Type P uses: once every twelve (12) months; 6. Type Q uses: once every twelve (12) months. I. Registration fees for all additional uses: 1. Type L uses: twenty dollars ($20.00) every two years; 2. Type M uses: thirty dollars ($30.00) per year; 3. Type N uses: forty dollars ($40.00) per year; 4. Type O uses: fifty dollars ($50.00) per year; 5. Type P uses: seventy-five dollars ($75.00) per year; 6. Type Q uses: one hundred twenty-five dollars ($125.00) per year. Where more than one additional use exists under one ownership at a given location, the highest use shall be registered at full fee and subsequent use at one-half the schedule fee. J. Site Plans Fee: ten dollars ($10.00). For the review of any site plan or subdivision for the purpose of fire prevention as to the location of fire hydrants, fire drafting stations, water mains and fire lanes/zones. (Ord ) Permits. All permit fees as indicated in the New Jersey Administrative Code, Title 5, Chapters 18 and 18.3, under Section 5: of Schedule C shall be adopted by the local enforcing agencies for the purpose of enforcing this ordinance. Bass River Township, New Jersey, Code of Ordinances Page 8

9 (Ord ) Penalties. A. All penalties as indicated in the New Jersey Administrative Code, Title 5, Chapter 18 and 18B (Uniform Fire Code) shall be adopted for the purpose of enforcing this chapter except those penalties imposed as hereinafter provided for violations of this ordinance not included within the Uniform Fire Code or authorized by the Uniform Fire Safety Act. B. Except as otherwise provided in subsection A of this section any violations of this chapter including the 1984 BOCA Basic Fire Prevention Code and amendments and supplements thereto shall be punished by a fine of not more than five hundred dollars ($500.00) or imprisonment for ninety (90) days, or both. Each and every day that a violation of the provisions of this chapter shall continue after notification thereof by the Bureau of Fire Prevention shall be deemed and considered a separate and specific violation of this chapter. Such penalties as hereinabove provided shall not be exclusive and in addition thereto, any violation may be abated by a civil action instituted in a court of competent jurisdiction. (Ord ) Chapter 8.12 LITTER Sections: Definitions Litter in public places Sweeping litter into gutters prohibited Litter thrown by persons in vehicles Truck loads causing litter Penalty Definitions. For the purpose of this chapter, the following terms, phrases, words and their derivations shall have the meanings given herein: "Garbage" means putrescible animal and vegetable wastes resulting from the handling, preparation, cooking and consumption of food. "Litter" means garbage, refuse and rubbish as defined herein, and all other waste materials which, if thrown or deposited as herein prohibited, tends to create a hazard to public health, safety and welfare. "Public place" means any and all streets, sidewalks, boulevards, alleys, beaches or other public ways and any and all public parks, squares, spaces, docks, grounds and buildings. "Refuse" means all putrescible and nonputrescible solid wastes (except body wastes), including garbage, rubbish, ashes, street cleanings, dead animals, abandoned automobiles and solid market and industrial wastes. "Rubbish" means nonputrescible solid wastes consisting of both combustible and noncombustible wastes, such as paper, wrappings, cigarettes, cardboard, tin cans, yard clippings, leaves, wood, glass, bedding, crockery and similar materials. Bass River Township, New Jersey, Code of Ordinances Page 9

10 "Vehicle" means every device in, upon, or by which any person or property is or may be transported or drawn upon a highway, street or public rights-of-way. (Ord ) Litter in public places. No person shall sweep, throw or deposit litter-in or upon any occupied, open or vacant property, either owned by such person or not, or in or upon any street, sidewalk, park or other public place or in any pond, lake, stream or any other body of water within the township, except in public receptacles, in authorized private receptacles for collection, or in official township disposal areas. Persons placing litter in public receptacles or in authorized private receptacles shall do so in such a manner as to prevent it from being carried or deposited by the elements upon any street, sidewalk or any other public place, or upon private property. (Ord ) Sweeping litter into gutters prohibited. No person, including merchants owning or occupying a place of business shall sweep into or deposit in any gutter, street or any other public place within the township the accumulation of litter from any building or lot or from any public or private sidewalk or driveway. Persons owning or occupying property shall keep the sidewalk in front of their premises free of litter. (Ord ) Litter thrown by persons in vehicles. To person, while a driver or passenger in a vehicle, shall throw or deposit litter upon any street or other public place within the township or upon private property. (Ord ) Truck loads causing litter. No person shall drive or move any truck or other vehicle within the township unless such vehicle is so constructed or loaded as to prevent any load, contents or litter from being blown or deposited upon any street, alley or any public place. (Ord ) Penalty. Any person violating any provision of this chapter shall be subject to a fine not exceeding two thousand dollars ($2,000.00) or imprisonment for ninety (90) days, or both. (Ord (part); Ord ) Chapter 8.16 NOISE Sections: Findings and declaration of purpose Noise prohibited Unlawful acts enumerated. Bass River Township, New Jersey, Code of Ordinances Page 10

11 Exceptions Enforcement Findings and declaration of purpose. A. The making and creation of loud, unnecessary or unusual noises within the limits of the township is a condition which has existed for some time, and the extent and volume of such noises are increasing. B. The making, creation or maintenance of such loud, unnecessary, unnatural or unusual noises which are prolonged, unusual and unnatural in their time, place and use, affect and are a detriment to public health, comfort, convenience, safety, welfare and prosperity of the residents of the township. C. The provisions and prohibitions hereinafter contained in this chapter are necessary in the public interest, embody the public policy of this township and are for the purpose of securing and promoting the public health, comfort, convenience, safety, welfare and prosperity and the peace and quiet of the township and its inhabitants. (Ord ) Noise prohibited. No person shall make, continue or cause to be made or continued any loud, unnecessary or unusual noise or any noise which either annoys, disturbs, injures or endangers the comfort, repose, health, peace or safety of others within the limits of the township. (Ord ) Unlawful acts enumerated. The following acts, among others, are declared to be loud, disturbing and unnecessary noises in violation of this chapter, but such enumeration shall not be deemed to be exclusive, namely: A. Horns, Audible Signalling Devices and the Like. 1. The sounding of any horn or audible signalling device on any automobile, motorcycle or other vehicle on any street or public place of the township, except as a danger warning; 2. The creation by means of any audible signalling device of any unreasonably loud or harsh sound and the sounding of any such device for an unnecessary period of time; 3. The use of any horn, whistle or other audible device operated by engine exhaust; 4. The use of any such audible signalling device when traffic is held up for any reason. B. Radios, Television, Phonographs, CD Players and the Like. 1. The using, operating or permitting to be placed, used or operated of any radio receiving set, television, CD player, musical instrument, phonograph or other machine or device for the producing or reproducing of sound in such manner as to disturb the peace, quiet and comfort of the neighboring inhabitants or at any time with louder volume than is necessary for convenient hearing for the person or persons who are in the room, vehicle or chamber in which such machine or device is operated and who are voluntary listeners thereto. 2. The aforesaid operation of any such set, instrument, phonograph, machine or device between the hours of eleven p.m. and seven a.m. in such manner as to be plainly audible Bass River Township, New Jersey, Code of Ordinances Page 11

12 at a distance of twenty-five (25) feet from the building, structure or vehicle in which it is located shall be prima facie evidence of a violation of the provisions of this section. C. Loudspeakers, Amplifiers for Advertising. The using, operating or permitting to be played, used or operated of any radio receiving set, musical instrument, phonograph, loudspeaker, sound amplifier or other machine or device for the producing or reproducing of sound or emitting of loud and raucous noises which are cast upon the public streets for the purpose of commercial advertising. D. Yelling, Shouting and the Like. Yelling, shouting, hooting, whistling or singing on the public streets, particularly between the hours of eleven p.m. and seven a.m. or any time or place so as to annoy or disturb the quiet, comfort or repose of persons in any office, dwelling, hotel, motel or other type of residence or of any person in the vicinity. E. Birds, Dogs or Other Animals. The keeping, harboring or maintaining of any bird, dog or other animal which, by frequent, habitual or long continued noise, shall annoy or disturb the peace, comfort or repose of any person in the neighborhood or of any persons passing upon the streets or highways. F. Whistles. The blowing of any whistle, except to give notice: 1. Of the time to begin or stop work; 2. Warning of fire or danger; 3. Upon request of proper township authorities; or 4. As may be required by general law or ordinance. G. Exhausts. The discharge into the open of the exhaust of any steam engine, stationary internal combustion engine, motor vehicle, motorcycle, dirt bike, off road vehicle, all terrain vehicle or the like, except through a muffler or other device which will effectively prevent loud or explosive noises therefrom. H. Defect in Vehicle or Load. The use or operation of any automobile, motorcycle or vehicle so out of repair or so loaded with iron or steel or other material in such manner as to create loud and unnecessary grating, grinding, rattling or other noise, or so as to cause loud noises to the disturbance of the peace and quiet of the neighborhood. I. Loading, Unloading Opening Boxes. The creation of loud or excessive noise in connection with loading or unloading of any vehicle or the opening and destruction of bales, boxes, crates or containers. J. Construction or Repairing of Buildings. The erection (including excavation), demolition, alteration or repair of any building or the excavation of streets and highways other than between the hours of seven a.m. and nine p.m., except in case of urgent necessity in the interest of public health and safety and then only after obtaining a permit from the township engineer, which permit may be granted for a period not to exceed three days or less while the emergency continues and which permit may be renewed for a period of three days or less while the emergency continues. If the township engineer should determine that the public health and safety will not be impaired by the erection, demolition, alteration or repair of any building or the excavation of streets and highways within the hours of nine p.m. and seven a.m., and if he or she shall further determine that loss or inconvenience would result to any party or interest, he or she may grant permission for such work to be done within the hours of 9:00 p.m. and 7:00 a.m. upon application being made at the time the permit for the work is awarded or during the progress of the work. K. Schools, Courts, Houses of Worship, Hospitals. The creation of any excessive noise on any street adjacent to any school, institution of learning, house of worship or judicial court, while the same are in use, provided conspicuous signs are displayed in such streets indicating that the same is a school, hospital, house of worship or court street. Bass River Township, New Jersey, Code of Ordinances Page 12

13 L. Drums, Bells and the Like. The use of any drum, bell, horn or other instrument or device for the purpose of attracting attention to any performance, show or sale by any creation of noise. M. Hawkers, Peddlers and Vendors. The shouting and crying of peddlers, hawkers and vendors which disturbs the peace and quiet of the neighborhood. N. Railroad Cars and Buses. The causing, permitting or continuing of any excessive unnecessary or avoidable noise in the operation of railroad cars, locomotives, and buses. O. Pile Drivers, Hammers and the Like. The operation, other than between the hours of 7:00 a.m. and 6:00 p.m., on weekdays, of any pile driver, steam shovel, bulldozer or other earth moving machinery, pneumatic hammer, derrick, steam or electric hoist or any other appliance, equipment or machinery, the use of which is attached by loud or unusual noise. P. Blowers. The operation of any noise creating blower or power fan or any internal combustion engine, the operation of which causes noise due to the explosion of operating gases or fluids, unless the noise from such blower or fan is muffled and such engine is equipped with a muffler device sufficient to deaden such noises. Q. Convoys of Vehicles. The intentional congregation and procession of vehicles, so spaced that the cumulative effects of the noise of each individual vehicle becomes cumulatively excessive, causing disturbance to the peace and quiet of the residents of the township. (Ord ) Exceptions. Nothing herein contained shall be construed to apply to: A. The use of bells, chimes or sound amplifiers by churches engaged in church activities; B. Activities of township departments in the performance of their duties, drills or public demonstrations; C. Activities in public parks, playgrounds or public buildings under permission or authority of the mayor and township commissions or their agents. (Ord ) Enforcement. A. Issuance of Summons. Violation of any provision of this chapter shall be cause for a summons to be issued by the Code Enforcement Officer, New Jersey State Police, N.J. Parks and Forest Rangers, N.J. State Police Marine Bureau Officers, Fish and Game and Wildlife Officers and Citizens. B. Penalties, N.J. Conservation Officers. 1. Any person who violates any provision of this chapter shall be subject to a penalty for each offense of not more than two thousand dollars ($2,000.00) or be imprisoned for a term not exceeding ninety (90) days, or both, for each offense. Additionally, a term of community service not to exceed thirty (30) days may be imposed in addition to or in lieu of any of the aforementioned penalties. 2. If the violation is of a continuing nature, each day during which it continues shall constitute an additional, separate and distinct offense. C. Other Remedies. No provision of this chapter shall be construed to impair any common law or statutory cause of action or legal remedy therefrom of any person for injury or damage arising from any violation of this chapter or from other law. (Ord (part); Ord ) Bass River Township, New Jersey, Code of Ordinances Page 13

14 Chapter 8.20 NUISANCES Sections: Purpose and policy Definitions Zoning enforcement officer Debris and unfit structures prohibited Inspection and notice Service of notice, complaints and orders Correction of conditions by township Lien for costs Appeal by person subject of unfit building violation charge Additional powers of public officer Remedies not exclusive Purpose and policy. It is declared to be the purpose and policy of this chapter, consistent with N.J.S.A. 40:48-1 et seq., to provide for the expedient abatement and removal of nuisances, hereinafter defined, as shall be necessary for the preservation of the public health, safety, general welfare, or to eliminate a fire or other potential hazard. The purpose of this chapter is to permit the township to act and to abate such hazards quickly and efficiently where the owner of the premises of such hazard refuses to act or where such owner cannot be located or contacted. The policy underlining this chapter recognizes the necessity on such occasions of acting quickly and providing for an expedient and cost-effective means of obtaining reimbursement for the cost and expenses incurred in taking such necessary action, while at the same time recognizing and considering the rights of property owners and individual choice as to style, design and aesthetics consistent with law. (Ord ) Definitions. As used in this chapter: "Debris" means any or all brush, weeds, including ragweed, dead and dying trees, stumps, roots, obnoxious growth, filth, litter, garbage, refuse, rubbish, putrescible and non-putrescible animal and vegetable waste, solid waste, ashes, street cleanings, dead animals, abandoned vehicles or trailers, market and industrial waste, combustible and non-combustible waste, paper, wrappings, cigarettes, cardboard, tin cans, yard clippings, leaves, wood, glass, bedding, crockery and similar materials and debris. "Unfit building" means any structure, or part thereof, whether used for human habitation or otherwise, and includes any outhouses, and appurtenances belonging thereto or usually enjoyed therewith, which are determined by the public officer designated or appointed to exercise such power that any such building or structure or part thereof is dangerous or injurious to the health or safety of the occupants of such building or structure, the occupants of neighboring buildings or structures or other residents of the municipality or the public at large or if such public officer determines that such conditions as the following, without limitation, exist: Defects or other conditions increasing hazards of fire, accident or other Bass River Township, New Jersey, Code of Ordinances Page 14

15 calamities; lack of adequate ventilation, light or sanitary facilities; dilapidation; disrepair, structural defects; uncleanliness; otherwise inimicable to the public health, safety and welfare. (Ord ) Zoning enforcement officer. The public officer charged with enforcement of this chapter and entitled to exercise the powers set forth herein shall be the construction code official of the township or such other person or persons as shall from time to time be designated or appointed by the township. (Ord ) Debris and unfit structures prohibited. It is unlawful for any owner, tenant, controller, person, agent or business entity to gather, accumulate, keep, cause or permit any debris or unfit building to be located or exist in, at, or upon any land or premises owned, occupied or controlled by such person, or any other land or place, public or private in the township which tends to create a danger to the public health, safety and welfare. (Ord ) Inspection and notice. A. Debris. If upon inspection by the public officer, such public officer deems a property to be in violation of Section hereof as same pertains to debris, such public officer shall notify the owner of the subject land of such violation and that such owner must remedy the violation by removal or destruction of the debris within ten (10) days of receipt of notice to do so. The notice shall further provide that should the owner fail to remedy the violation, that the municipality may remove or destroy same and that any expenses and costs so incurred shall become a lien upon such land and become part of the taxes next to be assessed and levied upon such lands. After expiration of ten (10) days from receipt of any said notice of violation, all owners of the lands in violation hereof shall be subject to a complaint for enforcement brought by the Bass River Township Public Officer or other designated representative in the Bass River Township Municipal Court. B. Unfit Buildings. 1. Whenever a petition is filed with the public officer designated by this chapter by a public authority or by at least five residents of the municipality charging that any building is unfit for human habitation or occupancy or use or whenever it appears to the public officer that any building is unfit for human habitation or occupancy or use, the public officer shall, if preliminary investigation discloses a basis for such charges, issue and cause to be served upon the owner of and parties in interest in such building, a complaint stating the charges in that respect and containing a notice that a hearing will be held before the public officer or his or her designated agent at a place therein fixed not less than seven days nor more than thirty (30) days after the serving of the complaint; that the owner and parties in interest shall be given the right to file an answer to the complaint and to appear in person, or otherwise, to give testimony at the place and time fixed in the complaint; and that the rules of evidence prevailing in the courts shall not be controlling the hearings before the public officer or his or her agent. 2. If after such notice and hearing, the public officer determines that the building under consideration is unfit for human habitation or occupancy or use, he or she shall state in writing his or her findings of fact in support of such determination and shall issue and cause to be served upon the owner thereof and parties in interest an order: a. Requiring the repair, alteration and improvement of the building to be made by the owner, within a reasonable time, at which time shall be set forth in the order or at the option of the Bass River Township, New Jersey, Code of Ordinances Page 15

16 owner to vacate or have the building vacated and closed within the time set forth in the order; and b. If the building is in such condition as to make it dangerous to the health and safety of persons on or near the premises, and the owner fails to repair, alter or improve the building within the time specified in the order then the owner shall be required to remove or demolish the building within a reasonable time as specified in the order of removal. 3. If the owner fails to comply with an order to repair, alter or improve, or, at the option of the owner, to vacate and close the building, the public officer may cause such building to be repaired, altered or improved, or to be vacated and closed, and the public officer may cause to be posted on the main entrance of any building so closed, a placard with the following words: This building is unfit for human habitation or occupancy or use; the use or occupation of this building is prohibited and unlawful. 4. If the owner fails to comply with an order to remove or demolish the building, the public officer may cause such building to be removed or demolished or may contract for the removal or demolition thereof after advertisement for, and receipt of, bids therefor, if required by law. 5. If an actual and immediate danger to life is posed by the threatened collapse of any fire damaged or other structurally unsafe building, the public officer may, after taking such measures as may be necessary to make such building temporarily safe, seek a judgement and summary proceedings for the demolition thereof. (Ord ) (Ord. No , ) Service of notice, complaints and orders. A. Debris Violations. 1. Service of notice of debris violation shall be made either personally or by certified mail, return receipt requested and by regular mail. 2. The public officer or his or her agent shall execute an affidavit indicating date and manner of service. B. Unfit Building Violations. Complaints or orders issued by the public officer or agent under this chapter as same pertains to unfit buildings shall be served upon persons either personally or by certified, return receipt requested and regular mail, but if the whereabouts of such person or persons is unknown and the same cannot be ascertained by the public officer in the exercise of reasonable diligence, and the public officer shall make an affidavit to that effect, then the serving of such complaint or order upon such person or persons may be made by posting the same once in a newspaper printed and published in the municipality, or, in the absence of such newspaper, in one published and printed in the county and circulating in the municipality in which the building or buildings are located. A copy of such complaint or order shall be posted in a conspicuous place on the premises affected by the complaint or order. A copy of such complaint or order shall be duly recorded or lodged for record with the county recording officer of the county in which the building is located. (Ord ) Correction of conditions by township Lien for costs. A. Debris Violation. In all cases where debris is removed or destroyed by or under the direction of the public officer, such public officer shall certify the costs thereof to the governing body which shall examine the certificate, and if found correct shall cause the cost as shown thereon to be charged Bass River Township, New Jersey, Code of Ordinances Page 16

17 against such lands. The amount so charged shall forthwith become a lien upon such lands and shall be added to and become in form part of the taxes next to be assessed and levied upon such lands, the same to bear interest at the same rate of taxes, and shall be collected and enforced by the officers and in the same manner as taxes. B. Unfit Building Violations. In all cases where the public officer has taken action regarding unfit buildings pursuant to this chapter, the costs and expenses to become a lien and treated as taxes shall be calculated as follows: 1. The amount of the cost of filing of legal papers, expert witness fees, search fees and advertising charges, incurred in the course of any proceeding taken under this chapter determined in favor of the municipality, and 2. Such expenses and cost of any and all repairs, alterations or improvements, or vacating and closing, or removal or demolition, if any, or the amount of the balance thereof remaining after deduction of the sum, if any, realized from the sale of material derived from such building or from any contract for removal or demolition thereof, shall be a municipal lien against the real property upon which such cost was incurred. 3. If the building is removed or demolished by the public officer, he or she shall sell the materials of such building. There shall be credited against the removal or demolition thereof, including the clearance and, if necessary, leveling of the site, the proceeds of any sale of such materials or any sum derived from any contract for the removal or demolition of the building. 4. If there are no such credits or if the sum total of such costs exceed the total of such credits, a detailed statement of the aforesaid costs and the amount so due shall be filed with the municipal tax assessor or other custodian of the records of tax liens and a copy thereof shall be forthwith forwarded to the owner by certified mail, and 5. If the total of the credits exceeds such costs, the balance remaining shall be deposited in the superior court by the public officer, shall be secured in such manner as may be directed by such court, and shall be disbursed according to the order or judgment of the court to the persons found to be entitled thereto by final order or judgment of such court. (Ord ) Appeal by person subject of unfit building violation charge. A. Any owner or party in interest subject of an unfit building violation complaint and aggrieved by an order issued by the public officer under this chapter may, within thirty (30) days after the posting and service of such order, bring an action for injunctive relief to restrain the public officer from carrying out the provisions of the order and for any other appropriate relief. The court may proceed in the action in a summary manner or otherwise. The remedy herein provided shall be exclusive, and no person affected by the order of the public officer shall be entitled to recover any damages for action taken pursuant thereto, or because of noncompliance by any person with any order of the public officer. B. Any owner or party in interest subject of a lien resulting from unfit building violation may, within thirty (30) days of the filing of the lien certificate, proceed in a summary manner in the superior court to contest the reasonableness of the amount or the accuracy of the costs set forth in the municipal lien certificate. (Ord ) Additional powers of public officer. The public officer herein designated is authorized to exercise such powers as may be necessary or convenient to carry out and effectuate the purposes and provisions of this chapter including, without limitation, the following: Bass River Township, New Jersey, Code of Ordinances Page 17